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To calculate working days of employee the maternity leaves will be deducted? - CiteHR

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SK GALIB SHARIEF
I have doubt regarding EL caliculation.To caliculate working days of employee the maternity leaves will be deducted or not.
From India, Visakhapatnam
R.N.Khola
355

Dear Under which of the Act you want to calculate the earned leaves ? With Regards, R.N.Khola (LL & IR) Skylark Associates, Gurgaon (Haryana) (Labour Law Consultants) Office: (M)
From India, Delhi
priyaarajini
hi all,

i have doudt while calculating EL Leave.under factries act how to calculate EL?we gave 6 months no work to some employees.Minimum eligibilty of EL is 240.no of working days/20,6 months is included or excluded?pls clarify me
regards
priya

From India, Tiruppur
R.N.Khola
355

Dear Priya, We hope that you have also gone through chapter VIII of the Factories Act, 1948 & specially section 79 relating to your query. Here in this case you have not specified that what arrangement you have made for the period of six months when you are not providing work to some of employees as mentioned by you. Whether they are given lay off or they are shown as absent. Whether you show break in service or you give leave without pay. You must have noticed that the days which are to be counted in computing 240 days are given in section 79 Explanation 1.
From India, Delhi
priyaarajini
Hi khola, we gave no work(without pay) to that employees.but the LOP days are shown in break in service.
From India, Tiruppur
R.N.Khola
355

Dear Priyaarjini,
Your both the actions i.e LOP & break in service are beyond my understanding.If there is a break in service then make the payment of EL at the time of making his full and final as per section 79 Explanation 2-(3) of the Factories Act.
With Regards,
R.N.Khola




From India, Delhi
sumitk.saxena
252

Go through the advice of Mr. R.N.Khola and tell under which act calculation of el u need. sumit
From India, Ghaziabad
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